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HomeMy WebLinkAboutAmendment #1AMENDMENT #1 This Amendment to that Agreement between the City of Miami, a municipal corporation of the State of Florida ("City") and The Sundari Foundation, Inc. ("Sub - recipient") dated September 22, 2006 (the "Agreement") is entered into this 3‹O day of C�1.I,J;,,) , 2007. RECITAL WHEREAS, pursuant to Resolution No. R-06-0373, passed and adopted by the City of Miami Commission on June 8, 2006 the City and Sub -recipient, have heretofore entered into the Agreement which sets forth the terms and conditions pursuant to which the City provided Sub -recipient the sum of $20,000 (Twenty thousand); and WHEREAS, all the funds are subject to the same terms and conditions contained in the Agreement; NOW, THEREFORE, in consideration of the foregoing, the City and Sub - recipient hereby agree to amend the Agreement as follows: 1. ARTICLE IV CDBG FUNDING AND DISBURSEMENT REQUIREMENTS; Section 4.3 is removed and replaced by the Section listed below: 4.3 FINANCIAL ACCOUNTABILITY: The CITY reserves the right to audit the records of the SUBRECIPIENT at any time during the performance of this Agreement and for a period of four (4) years after its expiration/termination. The SUBRECIPIENT agrees to provide all financial and other applicable records and documentation of services to the CITY. Any payment made shall be subject to reduction for amounts included in the related invoice which are found by the CITY, on the basis of such audit and at its sole discretion, not to constitute reasonable and necessary expenditures. Any payments made to the SUBRECIPIENT are subject to reduction for overpayments on previously submitted invoices. 2. ARTICLE VI REPORTS AND RECORDS; Section 6.1.2(ii) is removed and replaced by the Section listed below: 6.1.2(ii) For each activity determined to benefit low- and moderate -income persons based on the area served by the activity, only activities located in census blocks with a percentage of low and moderate income persons in excess of 51 percent will be undertaken by the Subrecipient. 3. ARTICLE VI REPORTS AND RECORDS; Section 6.2.1 Retention and Accessibility of Records is removed and replaced by the Section listed below: 6.2.1 The Department shall have the authority to review the SUBRECIPIENT'S records, including Project and programmatic records and books of account, for a period of four (4) years from the expiration/termination of this Agreement (the "Retention Period"). All books of account and supporting documentation shall be kept by the SUBRECIPIENT at least until the expiration of the Retention Period. The SUBRECIPIENT shall maintain records sufficient to meet the requirements of 24 CFR 570. All records and reports required herein shall be retained and made accessible as provided thereunder. The SUBRECIPIENT further agrees to abide by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The SUBRECIPIENT shall ensure that the Agreement Records shall be at all times subject to and available for full access and review, inspection and audit by the CITY, federal personnel and any other personnel duly authorized by the CITY. 4. EXHIBIT B of the Agreement (Work Program) is amended to the new Exhibit B attached to this Amendment. IN WITNESS THEREOF, the City and Subrecipient have caused this instrument to be executed by their respective officials as of the date of the first above written. ATTEST: Corporate Secretary Date ATTEST: By: SUBRECIPIENT The Sundari Foundation, Inc. 217 N.W. l5th Street Miami, FL 33136 a Florida not -for -profit corporation By: Nam Title: ;nc e f3 (05 CORPORATE SEAL: CITY OF MIAMI, a municipal Corporation of the State of Florida alb IC .11/4 1-, .- ..9%-.7 By: riscilla A. Th6mpson Date Pedro G. Hernan. ez City Clerk City Manager Date APPROVED AS TO FORM AND CORRECTNESS: y �... B`n ';" Jorge andez Date G City A to -y APPROVED AS TO INSURANCE REQUIREMENTS: LeeAnn Brehm Director Risk Management ate